Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Common intent (joint enterprise)

Legal area

Court

13 Mar 1980

SIU KING HIM AND OTHERS v. THE QUEEN

Citation

SIU KING HIM AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC222/1979

The judge's directions, taken as a whole, were legally adequate: the burden of proof remained on the Crown; evidence established that the gang went armed intending at least to intimidate and to use force if necessary; therefore convictions of D2, D4 and D6 for murder could stand; provocation and self‑defence were not available to D6 on the facts and no reasonable jury could have found otherwise.
24 Oct 1974

KWONG PAK LEUNG AND OTHERS v. THE QUEEN

Citation

KWONG PAK LEUNG AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC282/1974

The convictions of the first and third appellants are safe because the jury could properly infer a common intent from the circumstances and cautioned statements and the trial directions on common intent were adequate; the judge's post‑verdict question to the jury was improper but not fatal to those convictions. The conviction of the second appellant was quashed because there was insufficient evidence that he actively participated in the attack and the verdict against him was unsafe. Sentences of ten years for the first and third appellants were not misdirected or excessive and are upheld.